DEERFIELD
TOWNSHIP Meeting at 4900
Parkway Drive, #180
BOARD OF ZONING APPEALS
6:30 PM - MARCH 12th, 2009
MINUTES
CALL TO ORDER Mike Kean
ROLL CALL
PRESENT:
James Klatte, Michael Kean, William Lantry, Brian Leary, & Gregory
Porta.
ABSENT:
Marianne Pressman
STAFF: Lois
McKnight, Hayfaa Wadih, Marilyn Arnold
Minutes
Greg Porta moved, seconded
by _James Klatte, to approve the minutes of
11/13/08.
The motion was approved on the following vote: AYES: James
Klatte, , Michael Kean, William Lantry, Brian Leary, & Gregory Porta.
NOES: None. ABSENT: Marianne Pressman. ABSTAIN:
None.
MOTION James Klatte moved seconded by Brian Leary to
nominate Greg Porta as 2009 Chair Person
The motion was approved on the following vote: AYES: James
Klatte, Michael Kean, William Lantry, Brian Leary, & Gregory Porta.
NOES: None. ABSENT: Marianne Pressman. ABSTAIN:
None.
_________________________________________________________________________________________________
MOTION Greg Porta moved seconded by Mike Kean to nominate
William Lantry as 2009 Secretary.
The motion was approved on the following vote: AYES: James
Klatte, Michael Kean, William Lantry, Brian Leary, and Gregory
Porta. NOES: None. ABSENT: Marianne Pressman.
ABSTAIN: None.
_________________________________________________________________________________________________
Mr. Kean explained the procedure of the meeting and asked the
township attorney to “swear in” the people who plan to speak and
then have Hayfaa Wadih come up for the Staff Report.
Joe Walker, township attorney, administered the oath to those giving
testimony.
Case 2009-22 Sign variance for Kings School, 5500 & 5620
Columbia Road
Staff Report
Hayfaa Wadih explained the request for the variance from Kings
Schools to allow 5 wall signs and 2 ground mounted signs. She
elaborated on the design and location of the signs. She talked
about a changeable reader board sign and Deerfield Township Zoning
Resolutions regulations in this regard.
She explained how the school has needs to orient visitors and users
on campus. Brian Leary asked about the zoning of the property which
was The Football Hall of Fame. Lois McKnight said this is under the
jurisdiction of Mason. Greg Porta asked for the exact square footage
of the proposed ground sign. There was discussion and they tried to
confirm those measurements. Mike Kean asked the board for more
questions for Hayfaa and there were none.
Proponent
Sally Lamb, United Maier Sign, 1030 Straight Street, Cinti.,
said the signage was appropriate for the school. She said
there would be visitors to events held at the school. Those signs
would help guide them to where they need to go. She clarified the
sizes. Mike Kean asked the board for questions. Greg Porta asked
about Beacon Orthopedics and their involvement with the school.
Brad Adams, Voorhis Sloan Walsh & Crossland, 414 Reading Road, Mason,
said the Kings Athletic Department was
looking for funds from various organizations. Beacon stepped up to
help. Mr. Adams said they provide trainers. Mike Kean asked for
details on the sign. Ms. Lamb said the changeable reader board
would allow the school to make announcements for events. Jim Klatte
asked if the sign was on a timer. Ms. Lamb said they stay on during
the day but go into a dim mode at night. Mike Kean asked if the
board had more questions. There were none. He asked for board
discussion.
Board Discussion
Bill Lantry talked about his experience when he attended a few
events. He found it hard to find his way on campus and felt that
signs are needed. Mike Kean said the building and auditorium are
used 7 days a week. Brian Leary mentioned the Sonic sign discussion
and possible distractions for drivers passing by. Greg Porta said
he went back and looked at that case. Greg said we asked for no
animation and the message must stay on at least 10 seconds. That
eliminated the constantly rolling signs that would cause
distraction. Mike Kean said we don’t have that amount of traffic
there but there are student drivers. Greg Porta said the code does
not allow it. Greg said we should put the same restrictions on this
sign as we did for Sonic. He stated that he had no problem with the
proposed wall signs. Brian Leary said any signage would be an
improvement. There are so many people who would be using the signs
and he didn’t believe they were overly large. Ms. Lamb said the
reader board is approximately 4 x 8. Bill Lantry asked about how
far the signs are from the roadway. Mr. Porta thought that it was
approximately 66 feet from the center line of the road. Mr. Lantry
said that is fairly good distance. There was discussion on adding
the animation and timing on the reader board. Greg Porta said most
complaints would be for animation at night.
MOTION
Brian Leary
moved, seconded by William Lantry, to approve Case 2009-22,
including one condition as
follows: Limit message to static display
only with a 10 second interval.
The motion was approved on the following vote: AYES: James
Klatte, Michael Kean, William Lantry, Brian Leary, & Gregory Porta.
NOES: None. ABSENT: Marianne Pressman. ABSTAIN:
None.
Case #2009-23 Requesting a variance to minimum front yard
setback, Lot 21 Columbia Woods Subdivision
Staff Report
Hayfaa Wadih explained the request for a variance to the front yard
setback. The code requires a minimum 50 feet but the applicant is
requesting 40 feet. The lot is near a cul-de-sac and has a partial
radial curve frontage. There is an existing 20 feet drainage
easement on the back of the lot.
Proponent
Richard
Hoekstra 3895 Woodridge Blvd., explained the problems with
the lot and trying to put the house on the lot without encroaching
into the drainage easement. He said Bayer Becker Engineers looked
at this lot and suggested he asked for this 10 feet variance.
Board Questions
Brian Leary asked about the way Mr. Hoekstra wanted to place the
home on the lot. Mr. Hoekstra explained. Jim Klatte asked about
the footprint of the house. Mr. Hoekstra said regardless of the
house footprint, the homeowners would like to be able to use the
backyard. Brian Leary asked how much the house would be out of line
with the other homes on the street. Brian Leary seemed to think the
house should be angled to fit the radius of the cul-de-sac. Greg
Porta asked who the developer was. Mr. Hoekstra said George Thomas
Homes was the developer. Greg Porta asked for the price-range of
the homes. Mr. Hoekstra said the price range was high 200’s to
$400,000. Mike Kean had concerns on how the house would look like
since applicant does not have a designated plan. Greg Porta asked
if there is a drop off in the back of the lot. He learned there is
not much of a drop at all. Brian Leary asked if there are covenants
which require a certain square footage on the lot. Mr. Hoekstra
said yes, 2400 square feet for a two story, and 1800 square feet for
a ranch. Greg Porta asked for the depth of the house. Mr. Hoekstra
said 44 feet deep. Mike Kean closed the question period and asked
for board discussion. He asked if there were any public who wanted
to comment. There were none.
Board Discussion
Greg Porta wanted to view the house layout used for the example.
Brian Leary said he is concened about what type of house would be
built. Mike Kean asked if we could re-establish the setback so it
goes straight across. Greg Porta wondered about what would stop the
developer from building a larger house and still being 6 feet from
the drainage easement. Brian Leary said he would like to know the
size of the house.
Richard Hoekstra 3895 Woodridge Blvd.
said this board could limit the depth of the house or put
stipulations on house when it is placed on the lot. He just wanted
to create a better situation for the back yard. The 10 feet is
enough to make a nice front yard and not to have problem with that
easement. Jim Klatte said if we grant this variance this rule goes
with this property forever. Bill Lantry asked, “Did you say if the
variance is approved you have to purchase this property?” Mr.
Hoekstra said yes. Brian Leary asked Joe Walker will this start a
trend because Lots 10 and 11 seem to have the same situation. Joe
Walker said it comes down to a property hardship and will this
create a “domino affect.” Brian Leary said Lot 12 is the farthest
north you would be working with. Mike Kean asked the board for more
questions. There were none.
Mike Kean said what we are doing is setting a front and a rear
setback. Hayfaa Wadih said just for the record one of the partners
of the development called her and said he is in favor of allowing
the variance. There was more discussion. Jim Klatte said he was
inclined to approve. Greg Porta suggested restricting the house to
44 feet in depth. Brian Leary said he didn’t feel good about the
restriction. A motion was made with for limiting the depth of the
house to 44 feet. There was more discussion. An idea was
introduced to restrict the front and back yard setbacks as a better
idea. This will give the designer more freedom to produce a decent
design. Greg Porta stated that the lot shall be restricted to 40
feet front yard setback and 50 feet back yard setback. A motion was
introduced.
MOTION Greg Porta
moved, seconded by James Klatte, to approve Case 2009-23,
(the request for 40 feet setback), including one condition as
follows: Rear yard setback must be a minimum of 50 feet.
The motion was approved on the following vote: AYES: James
Klatte, Michael Kean, William Lantry, Brian Leary and Gregory Porta.
NOES: None. ABSENT: Marianne Pressman. ABSTAIN:
None.
New Business
Lois McKnight told the board the Township Trustees entered into a
contract with McBride Dale Clarion to start the process of review to
update our Zoning Resolution. She said they would be working on
that this year. The dates will be set and the board would be
notified of future meetings. Joe Walker said he has been taking
notes will provide to staff and suggested the board presented their
notes concerning needed changes in the code.
Brian Leary said that Jim Rinehart was not re-appointed to be on the
BZA this time. He said that this board should express appreciation
to Jim Rinehart for all of his years of service on this board. Jim
Klatte agreed with Brian and said the same. Brian said that Jim
Rinehart was disappointed and felt that the Trustees should not have
made a decision in appointing any board member since they have never
attended any of the BZA meetings.
Greg Porta expressed that he has a fundamental problem with staff
answering questions for the board. He said he would like to come to
conclusions on his own without staff guidance. Jim Klatte said he
believed that staff’s notes were helpful and he appreciated their
help. Joe Walker said Hayfaa writes the Staff Reports and he
doesn’t usually see them while in the process of being written. But
this time, she shared the report with him and he found it acceptable
and helpful. Joe said staff works with the applicant and he thinks
that staff should let the board know what the applicant’s needs
are. Hayfaa Wadih said the staff used to have recommendations for
each case and staff doesn’t do that anymore. Lois McKnight said the
Board must find certain facts and to be blunt about stating it;
staff wants to assist you the best way we can. Lois McKnight said
you are creating a record. When you say I approve a variance you
aren’t finding anything. Greg Porta said when you make the motion
you can say as discussed. Joe Walker said very seldom do you talk
about the facts because you are so knowledgeable. Joe Walker said
Hayfaa and I came up with this way of writing the staff report, as a
reminder so you don’t miss these facts. Hayfaa Wadih questioned if
it is better to use the applicant response. Joe Walker said that
might be more burdensome but that way Hayfaa could let you know what
the applicant said. Joe Walker said we are trying ways to do this
and we will keep trying until we find a format that everyone is
comfortable with. Bill Lantry said since he is new he likes having
the facts in the staff report. Joe Walker said we will try to find
a better way of doing the staff report.
Adjourn
MOTION
Brian Leary
moved, seconded by James Klatte, to adjourn.
The motion was approved on the following vote: AYES: James
Klatte, Michael Kean, William Lantry, Brian Leary and Gregory
Porta. NOES: None. ABSENT: Marianne Pressman.
ABSTAIN: None.
____________________________________________
______________________________________
Greg Porta, Chairperson
Date William Lantry,
Secretary Date
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